The California Child Abuse & Neglect Reporting Law Issues and Answers for Mandated Reporters California Department of Social Services Office of Child Abuse Prevention Table of Contents Acknowledgements i Introduction ii The Reporting Law. 1 Why What Who When To whom Immunity Other protections Liabilities Feedback Identification . 7 Environment Problems Parental clues Physical indicators Behavioral indicators Guidelines to Determine Reasonable Suspicion . 10 Assessment with a verbal child Physical abuse Sexual abuse Neglect Emotional abuse Additional factors in the assessment process Assessment with a nonverbal child Assessment with the family What to tell the parents/caretakers Assessment of false allegations The Major Treatment Issues. 16 Confidentiality Therapist’s reactions to working with abuse Helpful interventions Non-helpful interventions Questions Often Asked . 21 1. Who am I to say what is abusive? 2. What if I make a mistake? 3. What is the fine line between abuse and discipline? 4. What if the abuse occurred in the past? 5. What if an adult state he/she was abused as a child? 6. What about testifying in court? 7. What age child is most at risk of abuse? 8. What is the difference between children’s "normal" sex play and sexual abuse? 9. What is the reporting responsibility regarding sexually active minors? 10. Are clergy mandated to report? 11. Are alcoholism programs exempt from reporting? 12. May I make an anonymous report? 13. What happens after a report is made? 14. Does a positive toxicology screen at the time of delivery require a child abuse report? 15. Should a person’s culture be considered in determining if a report should be made? 16. What if a parent states their child is receiving treatment by spiritual means or not receiving medical treatment for "religious reasons"? 17. What if you are concerned about severing the trust relationship with a client? 18. What do you say to a client who is suspected of abusing a child? 19. In cases of domestic violence when there is a child in the home, is it reportable as child abuse? 20. Do you always tell the suspected abuser that you are making a report? 21. If you suspect abuse of a disabled child in a home or institution, is it reportable as child abuse? Conclusions and Recommendations. 29 Appendices. 30 A. Department of Justice Reporting Form B. Required Statement of Mandated Reporter- Sample Employee Form C. Confidentiality Policies Statements & Agreement (Sample) D. Community Resources E. Statewide and National Resources Bibliography . 36 Acknowledgements The Office of Child Abuse Prevention is grateful to Eliana Gil, Ph.D., for the work she did as the original author of this publication. We also wish to acknowledge the following people for their contributions: Diane Nissen, MSW, Allyson Kohl, LMFT; Catharine J. Ralph, LCSW; and Kim Ralph, MSW. Edited by Patty Lough, MSW, LCSW, Ph.D. California Department of Social Services Office of Child Abuse Prevention i Introduction This handbook was originally written to help mental health professionals understand the Child Abuse Reporting Law and be aware of their reporting responsibilities regarding child abuse. However, other mandated reporters, who come into contact with children, will also find the information helpful. Teachers, counselors, child care workers, animal control officers or any other professionals included as mandated reporters have an important role in child abuse reporting. Responsible reporting is in the best interest of the child and family. The law mandates the reporting of child abuse by certain parties (see page 2, “Who Reports” for a complete list of mandated reporters). For various reasons, people who abuse children lack necessary internal control. Therefore, they need as many external controls as possible, until they are better able to restrain themselves. The reporting law is an external control which clearly states, “the abusive behavior is unacceptable and must stop.” For the reporter, making a report of suspected child abuse is difficult. There are always nagging doubts about how the person suspected of abusing a child will react, what the outcome will be, and whether or not the report will put the child at greater risk. The best way to minimize the difficulty of reporting is to be fully prepared for the experience. One should feel reasonably comfortable with the reporting requirements and the process that is triggered by making a report. Knowing who to call for information and understanding your role in relation to your position (i.e. social worker, nurse, child care worker, clergy, etc.) is also helpful. Reporting suspected child abuse is a team effort involving professionals from a variety of disciplines, such as child protective services, police, medical personnel, etc. Information contained in this publication is offered as an aid to mandated reporters in reporting suspected child abuse. It clarifies basic information. It is not meant to be all inclusive and cover all situations. Nor should it be considered legal advice. Some items, such as therapeutic interventions used by therapists, may not be useful to certain kinds of mandated reporters. There are many professions included as mandated reporters; therefore, one should rely on protocols and training within one’s profession. If in doubt about what to do in a particular situation, additional information can be obtained through local child protective service agencies or local police departments. Additional resources, including toll free numbers and web sites, have been listed in the Appendix section. ii The Reporting Law The first child abuse reporting law sexual abuse, neglect, or abuse in in California was enacted in 1963. out-of-home care. Child abuse does The early laws mandated only not include a “mutual affray between physicians to report physical abuse. minors,” “reasonable and necessary Over the years, numerous force used by a peace officer” under amendments have expanded the specified circumstances, or spanking definition of child abuse and the that is reasonable and age persons required to report. appropriate and does not expose Procedures for reporting categories of the child to risk of serious injury. child abuse have also been clarified. (P.C. 11165.6, Welfare and Institutions In California, certain professionals Code (W&IC) Section 300.) are required to report known or suspected child abuse. Other 2. What to Report citizens, not required by law to report, The California Child Abuse may also do so. Reporting Law is found in Penal Code It is important for practitioners and Sections 11165-11174.3. The other mandated reporters to keep following is only a partial description updated on periodic amendments in of the statute. Mandated reporters the law. Your local Child Abuse should become familiar with the Prevention Council or Child Protective detailed requirements as they are set Agency (see Resources) has current forth in the Penal Code (P.C.). reporting law information. Under the law, when the victim is a child (a person under the age of 18) 1. Why Must You Report? and the perpetrator is any person The primary intent of the reporting (including a child), the following types law is to protect the child. of abuse must be reported by all Protecting the identified child may legally mandated reporters: also provide the opportunity to protect a. A physical injury inflicted by other other children in the home. It is than accidental means on a child. equally important to provide help for (P.C. 11165.6). the suspected abuser. The report of b. Child sexual abuse which abuse may be a catalyst for bringing includes sexual assault and sexual about change in the home exploitation. Sexual assault environment, which in turn may lower includes sex acts with children, the risk of abuse. intentional masturbation in the presence of children and child 2. What is Child Abuse? molestation. Sexual exploitation The Penal Code (P.C.) defines includes preparing, selling or child abuse as: “a physical injury distributing pornographic materials inflicted by other than accidental involving children, performances means on a child by another person.” involving obscene sexual conduct It also includes emotional abuse, and child prostitution. (P.C. 11165.1). 1 c. Willful cruelty or unjustified relation to domestic violence, see punishment, which includes the “Questions Often Asked” inflicting or permitting unjustifiable section.) physical pain or mental suffering, or the endangerment of the child’s 4. Who Reports? person or health. (P.C. 11165.3). Legally mandated reporters “Mental suffering” in and of itself is include a wide variety of positions, not required to be reported. which are as follows: However, it may be reported. a. Mandated reporters in public Penal Code11166.05 states: positions include: a teacher; an “Any mandated reporter who has instructional aide, a teacher’s aide, knowledge of or who reasonably or a teacher’s assistant employed suspects that mental suffering has by any public or private school, a been inflicted upon a child or that classified employee of any public his or her emotional well-being is school; an administrative officer or endangered in any other way may supervisor of child welfare and report the known or suspected attendance, or a certificated pupil instance of child abuse or neglect personnel employee of any public to an agency specified in Section or private school; an administrator 11165.9”. (The specified agencies of a public or private day camp; an include any police department, administrator or employee of a sheriff’s department, county public or private youth center, probation department if designated youth recreation program, or youth by the county to receive mandated organization; an administrator or reports, or the county welfare employee of a public or private department.) organization whose duties require d. Unlawful corporal punishment direct contact and supervision of or injury, willfully inflicted, children; any employee of a county resulting in a traumatic condition.